(B)an individual employed by the government of the District of Columbia; and

(C)an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter
51 and subchapter
III of chapter
53 of this title;

but does not include—

(i)a justice or judge of the United States;

(ii)the head of an agency other than the government of the District of Columbia;

(iii)a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter
15 of title
31, District of Columbia Code;

(iv)a member of—

(I)the Metropolitan Police or the Fire Department of the District of Columbia; or

(II)a member of the United States Park Police, other than for purposes of section [1] 5545(a) and 5546;

(x)an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives;

(xi)an employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter
IV of chapter
53 of this title, or by a wage board or similar administrative authority serving the same purpose, except as provided by section
5544 or
5550b of this title;

(xii)an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Environmental Science Services Administration, or a vessel employee of the Department of the Interior;

(xiii)a “teacher” or an individual holding a “teaching position” as defined by section
901 of title
20;

(xiv)a Foreign Service officer;

(xv)a member of the Senior Foreign Service;

(xvi)member of the Senior Executive Service; or

(xvii)a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and

(3)“law enforcement officer” means an employee who—

(A)is a law enforcement officer within the meaning of section
8331(20) or
8401(17);

(B)in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a law enforcement officer within the meaning of section
8331(20), would so qualify if such employee had transferred directly to such position after serving as a law enforcement officer within the meaning of such section;

(C)in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a law enforcement officer within the meaning of section
8401(17), would so qualify if such employee had transferred directly to such position after performing duties described in section
8401(17)(A) and (B) for at least 3 years; and

(D)in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84—

(i)holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; or

The section is revised as a definition section. The provisions of former section
901(d) are omitted as unnecessary because the sections referred to state their application and there is no need to restate the application here.

In paragraph (1), the terms “Executive agency” and “military department” are substituted for the references in former section
901(a) and (e) to the executive branch, including Government-owned or controlled corporations, and the General Accounting Office in view of the definitions in sections
105 and
102.

In paragraph (2)(iii), the words “chapter
15 of title
31, District of Columbia Code” are substituted for the reference in former section
902(a)(4) to “the Teachers Salary Act of June 4, 1924, as amended” on authority of the provisions contained therein. Enumeration of the individuals to which the provisions apply are added.

In paragraph (2)(iv), the provisions of former section
902(a)(5) and (b)(6) are combined.

In paragraph (2)(v), the words “student-employee as defined by section
5351 of this title” are coextensive with and substituted for the enumeration of the employees in former section
902(a)(6).

In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii), the reference to former section
947 is omitted as that section was repealed by the Act of Sept. 12, 1950, ch. 946, § 301(85),64 Stat. 843.

In paragraph (2)(xii), the reference to former section
946 is omitted as unnecessary since that section is not carried into this subchapter. The words “Panama Canal Company” are substituted for “Panama Railroad Company” on authority of the Act of Sept. 2, 1950, ch. 1049, § 2(a)(2),64 Stat. 1038.

In paragraph (2)(xiii), the words “as defined by section
901 of title
20” are added on authority of former section
2351, which section is scheduled for transfer to section
901 of title
20.

The exception for officers and employees of the Inland Waterways Corporation in former section
902(b)(3) is omitted on authority of the Act of July 19, 1963, Pub. L. 88–67, 77 Stat. 81.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendments

2010—Par. (2)(iv)(II). Pub. L. 111–282struck out “a member of the United States Secret Service Uniformed Division,” before “a member of the United States Park Police”.

1990—Par. (2)(iv). Pub. L. 101–509amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “a member of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, or the Executive Protective Service;”.

1980—Par. (2)(xiv). Pub. L. 96–465struck out “within the meaning of section 401 of the Foreign Service Act of 1946” after “officer”.

Par. (2)(xv). Pub. L. 96–465substituted “a member of the Senior Foreign Service” for “a ‘Foreign Service information officer’ as provided for by the first section of the Act entitled ‘An Act to promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the International Communication Agency through establishment of a Foreign Service Information Officer Corps’, approved August 20, 1968”.

“(1) the effective date of any regulations prescribed to carry out such amendments; or

“(2) the 90th day after the date of the enactment of this Act [Jan. 28, 2008].”

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–378effective as of first day of first applicable pay period beginning on or after Oct. 2, 1992, see section 9(b)(9) ofPub. L. 102–378, set out as a note under section
6303 of this title.

Amendment by Pub. L. 96–465effective Feb. 15, 1981, except as otherwise provided, see section 2403 ofPub. L. 96–465, set out as an Effective Date note under section
3901 of Title
22, Foreign Relations and Intercourse.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70effective Oct. 1, 1979, see section 3304 ofPub. L. 96–70, set out as an Effective Date note under section
3601 of Title
22, Foreign Relations and Intercourse.

Effective Date of 1978 Amendments

Amendment by Pub. L. 95–454effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 ofPub. L. 95–454, see section 415 ofPub. L. 95–454, set out as an Effective Date note under section
3131 of this title.

Amendment by Pub. L. 92–392effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) ofPub. L. 92–392, set out as an Effective Date note under section
5341 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–375effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) ofPub. L. 91–375, set out as an Effective Date note preceding section
101 of Title
39, Postal Service.

Short Title of 1994 Amendment

Pub. L. 103–329, title VI, § 633(a),Sept. 30, 1994, 108 Stat. 2425, provided that: “This section [enacting section
5545a of this title, amending sections
5542 and
5547 of this title and section
213 of Title
29, Labor, and enacting provisions set out as notes under section
5545a of this title] may be cited as the ‘Law Enforcement Availability Pay Act of 1994’.”

Transfer of Functions

Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title, which created National Oceanic and Atmospheric Administration in Department of Commerce and transferred personnel, property, records, and unexpended balances of funds of Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. Components of Environmental Science Services Administration thus transferred included Weather Bureau [now National Weather Service], Coast and Geodetic Survey [now National Ocean Survey], Environmental Data Service, National Environmental Satellite Center, and ESSA Research Laboratories.

Availability of Premium Pay for Attorneys Employed in Department of Justice

“(a) None of the funds made available by this or any other Act may be used to pay premium pay under title 5, United States Code, sections
5542–5549, to any individual employed as an attorney, including an Assistant United States Attorney, in the Department of Justice for any work performed on or after the date of the enactment of this Act [Nov. 29, 1999].

“(b) Notwithstanding any other provision of law, neither the United States nor any individual or entity acting on its behalf shall be liable for premium pay under title 5, United States Code, sections
5542–5549, for any work performed on or after the date of the enactment of this Act [Nov. 29, 1999] by any individual employed as an attorney in the Department of Justice, including an Assistant United States Attorney.”

“(i) the provisions of section
5541(3) of title
5, United States Code (as added by section 2(40)(C) of this Act)—

“(I) are enacted only for the purposes of pay and not for the purposes of retirement;

“(II) do not reflect any intent of the Congress to change retirement eligibility standards for law enforcement officers; and

“(ii) law enforcement officers in primary positions have different retirement eligibility standards than employees in supervisory or administrative positions because of the different requirements in their responsibilities.”

“(a) In General.—Notwithstanding any other provision of law, the Drug Enforcement Administration and the Federal Bureau of Investigation are authorized on and after October 1, 1988, to pay bonuses up to 25 percent of base pay to employees of the Drug Enforcement Administration and the Federal Bureau of Investigation who possess and make substantial use of one or more languages, other than English, in the performance of their official duties. The Administrator of the Drug Enforcement Administration and the Director of the Federal Bureau of Investigation shall develop such policies as necessary to implement the payment of these bonuses.

“(b) Limitation.—The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992. The provisions of subchapter
III of chapter
45 of title
5, United States Code, shall apply to any employee who would otherwise be eligible to receive a bonus under this section, on and after such date.”